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U.S. v. SKLENA

No. 11-2589.

692 F.3d 725 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David G. SKLENA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 23, 2012.

Attorney(s) appearing for the Case

Clifford C. Histed (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

John D. Cline , Law Office of John D. Cline, San Francisco, CA, Thomas Anthony Durkin (argued), Attorneys, Durkin & Roberts, Chicago, IL, for Defendant-Appellant.

Before POSNER, WOOD, and HAMILTON, Circuit Judges.

WOOD, Circuit Judge.

In March 2009, David Sklena and his codefendant Edward Sarvey were charged with seven counts of wire and commodity fraud, as well as two counts of noncompetitive futures contract trading. Sarvey died before the start of his trial, but Sklena went to trial. There he sought to use Sarvey's deposition before the U.S. Commodity Futures Trading Commission (CFTC) as evidence of his innocence, but the district court excluded it as inadmissible hearsay...

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